Ross Gittins says (SMH, May 30, 2011):
I find it curious the [IPA] is so ready to extend its attitude towards the protection of physical property to the protection of intellectual property such as patents, copyright and trademarks. Protection of intellectual property involves much more overt intervention in the market. It’s the nanny state creating monopolies and conferring them on private firms.
This intervention can be justified only by acknowledging the existence of market failure (something libertarians are usually most reluctant to do) and then being satisfied the intervention won’t make matters worse.
You’re actually giving some firms a licence to charge higher prices (by constraining their competitors from copying them) and recent history is full of instances of industries successfully lobbying the nanny state to extend intellectual property rights in ways that benefit the rights-holders at the expense of the public interest.
Great work Mr Gittins. How cowardly that the IPA has never dealt with Kinsella’s brilliant libertarian criticisms of IP. So much for their strategy of compromise-and-softness being a help, rather than a hindrance.
